Demanding id, reason for RTI plea illegal: Haryana information commission

In a judgment that is expected to bring more transparency in the Right to Information (RTI) Act, the State Information Commission, Haryana held that no authority can force an applicant to disclose any reason for seeking information and to submit their identity card while filing an application

In a judgment that is expected to bring more transparency in the Right to Information (RTI) Act, the State Information Commission, Haryana held that no authority can force an applicant to disclose any reason for seeking information and to submit their identity card while filing an application.

Section 6(2) of the central RTI Act allows an applicant to conceal their identity and seek information without giving any reason. ((Illustration: Jayanto))

As per the case, advocate Ghanshyam Dass Gupta, of Jagadhri, had filed an RTI before the Chhachhrauli block development and panchayat officer (BDPO) on May 6 to know about the funds given to different institutions by the office for construction purposes.

“I was denied the requisite information on May 31, while informing that the state government vide its notification dated April 12, 2021, conveyed vide letter no. 5/52/2016- 1 AR, dated May 5, 2021 has made an amendment in the Haryana Right to Information Rules, which stipulates that an applicant seeking information under the Act is required to file the RTI in Model Form A, along with an identity card issued by the government,” the advocate said.

The same day, Gupta filed a complaint before the State Information Commission, after which the commission converted it into an appeal.

According to the order made available on Monday, information commissioner Lt Gen KJ Singh (retd) had on June 29 observed that Section 6(2) of the central Act allows an applicant to conceal their identity and seek information without giving any reason.

He directed the public information officer to supply complete information to the applicant free of cost within three days of receipt of the order.

“The Haryana government nowhere made it mandatory in provisions included in the rules notified in 2021 that to have information under RTl, one has to use the form A performa and submit his/her identity card. But, it is purely on the applicant whether they want to supply their identity or not,” the order read.

“An applicant just has to share that much information which is sufficient for supplying the requisite data at a convenient address,” the commissioner said, adding that the grounds taken by the information officer are not legally tenable.